TB2-02969

TB2-02969

The panel concluded that the signed statement of service showing the Notice to Appear and related documents were sent to the claimant's unchanged address established effective service; therefore there was no breach of natural justice, the earlier abandonment finding stands, and the reopening is denied.

Citation
TB2-02969
Parties
Claimant: XXXXX XXXXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 May 2013
Procedural Posture
Application to Reopen Refugee Protection Division / Decision on Reopening (reasons Issued)
Outcome
Application to reopen denied; original abandonment finding remains in effect
Legal Topics
Abandonment, Notice to Appear, Service of Documents, Reopening, Breach of Natural Justice
Source Language
English
Refugee Law Administrative Law Procedural Fairness Abandonment Notice to Appear Service of Documents Reopening Breach of Natural Justice

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Parties

XXXXX XXXXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Application to Reopen Refugee Protection Division / Decision on Reopening (reasons Issued)

Legal Issues

  1. 1 Whether the claimant was properly served with the Notice to Appear and abandonment hearing notice
  2. 2 Whether failure to receive notice constituted a breach of natural justice warranting reopening
  3. 3 Whether the abandonment finding should be set aside

Ratio Decidendi

The panel concluded that the signed statement of service showing the Notice to Appear and related documents were sent to the claimant's unchanged address established effective service; therefore there was no breach of natural justice, the earlier abandonment finding stands, and the reopening is denied.

Court Disposition

Application to reopen denied; original abandonment finding remains in effect

Orders

  • Application to reopen denied.
  • Original determination of abandonment (March 27, 2013) remains in effect.